MARITA VAN LANDEWIJK
V.
PANALPINA GH LTD

(2016) JELR 107618 (HC)    
High Court  ·  SUIT NO. IL 00015/15 ·  28 Oct 2016 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
plaintiff
exhibit e
local staff
employment contract
lieu of notice
witness statement
burden of persuasion
burden of proof
exhibits a
local management association
plaintiff’s employment contract
sufficient evidence
exhibit b
contract of employment
maternity leave
members plaintiff
multinational company
obligation of a party
supreme court
a. exhibit c
a. plaintiff’s employment
breach of the employment contract
civil actions
court fails
date of final payment
defendant’s case
exhibit c states
following issues
following provisions of exhibit e
honourable court
lawyer’s letter
limited liability company
manager of defendant
monthly salary
months’ notice
months’ salary
permanent manager
permanent manager of the company
plaintiff’s claim
plaintiff’s gratuity
rates of pay
relevant provisions of the evidence decree
subsidiary of panalpina
unidentifiable employee
years of plaintiff

JUDGMENT 

Defendant is a limited liability company and a subsidiary of Panalpina, a  multinational company with its headquarters in Base, Switzerland. Defendant  being a multinational company had at all material times, categorized its staff into  two, namely expatriate and local. Plaintiff was recruited effective 1st August, 1997 under a contract of employment, exhibit A. Plaintiff’s employment was  terminated upon three months’ notice, same having been communicated by  correspondence (email) dated 23rd June, 2015. Plaintiff was subsequently paid  three months’ salary on lieu of notice. Plaintiff contends that, the termination of  her employment contract upon payment in lieu of notice without more, is in  breach of the employment contract, specifically article 15 (i)(c) of exhibit E, being  an agreement between Defendant and its local management association. Plaintiff  thus claimed per her writ of summons: 

a. A declaration that there existed an agreement between Defendant and its  Pan…

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